122-1999 LTC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
L.T.C. No.
122-1999
LETTER TO COMMISSION
June 1, 1999
TO: Mayor Neisen O. Kasdin and
Members of the City C ission
FROM: Sergio Rodriguez
City Manager
SUBJECT: STATE LEGISLATIVE FUNDING PRIORITIES
The 1999 State Legislative Session concluded at the end of April with funding for several projects
in the City of Miami Beach included in the State Budget. After the Legislature passed the budget,
it then went to the Governor. Using his line-item veto power, the Governor erased $313 million from
the $48.6 billion State Budget that takes effect on July 1, 1999, including some funding items that
the Legislature had approved for Miami Beach.
The funding items that survived in the budget are Miami-Dade County's $140,000 request for beach
renourishment funding, a $250,000 special category historic preservation grant and a $500,000
cultural facilities grant for the Bass Museum, a $174,926 historic preservation grant for the Seymour
Hotel, and a $50,000 appropriation for the Miami Beach Holocaust Memorial.
The items that were vetoed by the Governor are $175,000 for the Youth Diversion Programs,
$400,000 for the underground wiring project, $200,000 for the Youth Center at North Shore Park,
and a $150,000 appropriation for the New World Symphony.
In order to overturn a veto by the Governor, a special session ofthe Legislature must be called in
June since the budget takes effect on July 1. The only people who can call a special session are the
Governor, the President of the Senate, and the Speaker of the House. We have been advised by our
lobbyists that it is unlikely that a special session will be called.
A memorandum from our state lobbyists is attached and provides details of these projects and the
Governor's reasons for vetoing them.
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Attachment
MAV-2B-88 15.46 FROM.RUTLEDGE ECENIA ET AL
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RUTLEnG"'~, ECENIA, .PURNELL & HOFFMAN
PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELORS AT LAW
STEPHEN A. ECENrA
JOHN R. ELLIS
KeNNETH A. HOFFMAN
THOMAS W. KONRAD
MICHAR G. MAIDA
J. STEJ"H"N MENTON
It DAVID PRESCOTT
HAROLOF.X.PUANE~~
GARY rl RUTlF.DGE
POST OFACE BOX 551. 32302~51
215 SOUTH MOfIIROe S'ffiEET. SUITE 420
TAI.I.AHASSEE. FLORIDA 32301-1841
OF COuNSf.L;
cHAALES F. DUDLEY
TELEPHONE (850) 681-6788
TELECOPIEA (650) 681-6515
GOVERNMENTAL COIIISUI ,rANTS:
PATRICK A. MALOY
AMY J. YOUNG
MEMORANDUM
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VIA FACSIMILE TRANSMISSION
TO: Miami Beach Mayor Neisen Kasdin
Miami Beach Commissioners and City Manager
c/o Randy Marks & Kevin Crowder
FROM: Gary Rutledge
Robert Levy
Fausto Gomez
Margie Menduni
DATE: May 28, 1999
SUBJECT: Gubernatorial Budget Vetoes
As we reported verbally on Thursday, May 27. 1999 the Governor vetoed three of the City's
priority appropriation items and one other item. With a record 313 million dollars in cuts Governor
Bush said in his veto message "while many member projects may be valuable to their l~al
communities, without an independent review of their merits and a fair, statewide allocation, it is;
impossible to fairly make sound detenninations. There is simply no way to know whether many of
these projects are an effective use of the State's limited resources." His most stringent criteria was
"whether the project had an overall statewide benefit, as opposed to benefitting just one or a few
select localities.. The following outlines those City of Miami Beach appropriations which were
vetoed and the reason given for the veto:
City of Miami Youth Diversion Program - $175,000
.lbe Governor's budget stafIhas indicated that this appropriation was vetoed because it wac:;
an allocation under the Department of Children and Families, rather than the Department of Juvenile
Justice. The Governor believed that it was not within the statutory authorization for that agency.
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RUTLEDGE. ~ECENlA, PURNl~~r ...T.. & HOl<~FMAN
MEMO
May 28, 1999
Page 2
Practically speaking it was placed in that section of the budget because Senator Silver who sponsored
this appropriation was Chairman of that corrumttee.
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Underground Wiring - $400,000
The veto message reads "the Department has programs that provide ftmding for worthy
mitigation activities and last y~ funded a study to be conducted by the University of South Florida
to investigate the feasibility and methodology of replacing existing above ground utility lines with
underground utility service. There are no findings yet available from the study and the department
has not requested funding for any of the projects below. Further, the activities and plans
contemplated seem to be of greater benefit to several local developments and private industry with
respect to avoided cost, and would be too prohibitive financially to implement statewide".
The Youth Center at Northshore Park ~ $200,000
The veto language includes the following: "The most appropriate avenue for fllnding such
projects is the Florida Recreation Development Assistance Program administered by the department
Each year under this program the department uses at least five percent of the funds credited to the
Land Acquisition TIust FWld (approximately 4.4 m.illion tor FYl1999 - 2000). The department has
adopted rules to govern the program, including a competitive selection process for awarding funds.
The FYI 1999-2000 budget for the Florida Recreation Developm.ent Assistance Program includes
149 proj ects funded for 12.12 million dollars which have been competitively selected. SpecPij.c
appropriation 1327-C proposes to fund an additional 128 local government projects at 22.4 milliorl.'
dollars. These projects did not go through the Florida Recreation Development Assistance Program.
process, were inappropriate for funding as outdoor recreation projects, are reviewed but not
recommended for funding in the competitive selection process." The Governor vetoed the entire
2?A million dollar appropriation for 128 parks.
New World Symphony - S150,OOO
In his veto message the Governor points to the fact that 22 million dollars was appropriated
for historic preservation and 36 million for arts and culture, all part of the: grant programs
admini5tered by the Department of State. 1110se projects had gone through the grant process and
were recommended by either the Florida Historic Preservation Advisory Council, the Florida
Museum Grants Advisory Council or the Florida Arts Cotmcil. He further stipulates that the
appropriations in 2054 A which include the New World Symphony Lobby Rede~ign were part of
appropriations totaling 10 million dollars which "either did not go through the departmenfs review
process or would receive funding in addition to the amowlt the department app.-oved through its
grant programs". Four projects in this category, one of which was the Miami Beach Holocaust
Memorial along with another holocaust memorial in Tampa,. were not vetoed because "both of these
programs contribute towards the fulfillment of a statewide statutory mandate to teach hOlOC<\~
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RUTl~J<~DGE. ECENIA. PuRNELL & HO~'F'M..AN
MEMO
May 28, 1999
Page 3
education in Florida schools. Also they provide instruction on the evils of prejudice and the benefits
of racial tolerance which are invaluable lessons for the children of Florida's ethic diVeISe Ci~".
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We are sorry that the hard work ofloeallegislators, their staff. City staff and the lobbying
team were not completely successful regarding these vetoes. We will continue to work on next
year's budget to obtain funding for these and other projects.
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